Rented House advice

parkrunner

Paul_Jones_1984 wrote: »

Yes, all my documents are in the house.
I don't think she'd do that. She may chuck them out on the street though, where others obviously could.

She's not really the kind to cause trouble like that. She probably just wants to be left in peace in the house. She does have debts etc, but she's not dishonest. She genuinely can't pay them.

I just had a text message from her saying that she has spoken to Shelter. They told her that when I left the house, I created a tenancy for her. Prior to me leaving she was a lodger, but now she says she has a default unwritten tenancy. That's not the kind of terminology she would come out with herself. Someone has told her that. They also told her that if I cut off the utilities, then that is harassment. I've looked on their website and it does say something along those lines. But I expect there's a misunderstanding somewhere.

I've told her we both need to speak to the council about the situation. She agrees with that. I've told her I'd be happy for her to take over the tenancy and will go and speak to the letting agents and council about her claiming LHA etc. I know this is unlikely, but I explained my previous reasoning about it and she at least sounded happy about that. She knows the landlord may not agree, but at least we are talking now, so maybe can start to deal with things.

She's a liar or you're just making up more stories to keep this wind up going. I'm with the wind up.

parkrunner

Paul_Jones_1984 wrote: »

And how do I know when she's out?
She only really goes on short trips to the shops.
So if she's only gone out to the shops, do I just call the locksmith? Most likely she'd be back before they arrived.
Sounds like you don't really have much experience of this situation.

You can only possibly know that if you're sat outside the property 24/7 so yet more nonsense.

FBaby

I think OP is just a very nice person who doesn't like to upset and she just used him because she knew it would be easier to do so.

OP, I know it's hard to take drastic steps when you are an overly nice person, but in this case, it's her or you who will pay the price and however unfortunate it is for her poor kids who are victims in this, she brought it upon herself and you don't deserve to end up with debts and a CCJ because of her which is exactly what will happen if you don't do something about it.

Saying that, even if/when you get your place back, remember that you will continue to be contracted to pay rent until the end of your ast, so unless you LL agrees to a break clause, you will be in the same situation financially being tied down to paying rent.

Take actions NOW. It won't get better by itself by letting time go by.

G_M

A tenancy is a contract.
A contract requires 'consideration' on both sides.
'Consideration' (loosely) is the giving of something to the other party.
In a typical tenancy, the landlord gives the property as considderation, and the tenant gives rent as consideration in return.

There is no rent. Therefore no consideration from the tenant. Threfore no contract. Therefore no tenancy.

The ex is living there under licence.

It's impossible to know if she spoke to Shelter.
It's impossible to know what she told Shelter.
It's impossible to know what Shelter told her in return.

swingaloo

Stop being a coward, get back there and get it sorted.
Just stopping the payments to the utilities does not mean you are no longer responsible for them.

She probably has the heating on round the clock and in a few weeks will have a new man in there.

There will also be issues if she claims any benefits as a single person while your name is on all the utilities. All this about you never wanting any credit is bull.
Fast forward 2 years and you meet a nice girl and want to marry/set up home. You wont stand a chance and it will be interesting to hear her reaction when you tell her why you cant rent a place or get a mortgage.

Like others I'm suspecting this thread is a wind-up. If its not then you are the most immature man on the planet.

sgun

Having read the whole thread I hope its a wind up as you do come across as totally immature and selfish. None of the scenarios that you are proposing are for anyone other than yourself. You haven't thought about the landlord at all. Yes, they might be a large company who has a massive portfolio of properties but what if they aren't and rely on the rental income themselves? What if they haven't got the time or money to pay for legal fees upfront to sort out your mess? You can't just stop paying rent (or bills) that YOU have agreed to pay.

Also, don't try and hide behind the pretense of being nice to your ex. You aren't trying to be nice to her, you are just trying to avoid any confrontation because YOU don't want to go there. YOU don't want to deal with a difficult situation either practically or emotionally so stop using this as an excuse.

Have you been round this morning to check if the locks were changed? Have you informed the letting agency about this all? Why would you think everyone else would bend over backwards to accommodate your mess up?

Why would the letting agency or LL possibly want to create a new tenancy for your ex when she can't pay the rent? They would have done affordability checks on you, not her. So what if your ex is entitled to benefits to pay rent? SHE DOESN'T HAVE A TENANCY!

You can live with your parents, well lucky old them. Are you a total manbaby? I hope they will still be as welcoming when the bailiffs come round and start removing their property.

You are making such lame excuses for not dealing with this properly and if you continue to avoid meeting this head on it will get worse. There is no point hoping that the council, the LL, the letting agent, your friends from work, random people on the net, your ex or your parents will sort it out for you.

Dawning

:rotfl:

Huge WUM.

Cakeguts

Paul_Jones_1984 wrote: »

Yes, all my documents are in the house.
I don't think she'd do that. She may chuck them out on the street though, where others obviously could.

She's not really the kind to cause trouble like that. She probably just wants to be left in peace in the house. She does have debts etc, but she's not dishonest. She genuinely can't pay them.

I just had a text message from her saying that she has spoken to Shelter. They told her that when I left the house, I created a tenancy for her. Prior to me leaving she was a lodger, but now she says she has a default unwritten tenancy. That's not the kind of terminology she would come out with herself. Someone has told her that. They also told her that if I cut off the utilities, then that is harassment. I've looked on their website and it does say something along those lines. But I expect there's a misunderstanding somewhere.

I've told her we both need to speak to the council about the situation. She agrees with that. I've told her I'd be happy for her to take over the tenancy and will go and speak to the letting agents and council about her claiming LHA etc. I know this is unlikely, but I explained my previous reasoning about it and she at least sounded happy about that. She knows the landlord may not agree, but at least we are talking now, so maybe can start to deal with things.

You just don't listen do you? I really hope this is a wind up because if it isn't you have got a problem.

The council will NOT allow her to claim LHA for a property where she is not a tenant. They are not stupid they don't allow people to claim LHA for houses that they have no right to live in or lots of people would claim if for all sorts of places. I know that this is the case because one of our tenants who was not on the tenancy agreement tried to do it and the council wouldn't. One of the things you need to get LHA is a valid tenancy agreement. Your ex girlfriend can't produce one of these because she hasn't got one so there is no chance of her getting LHA so if you were hoping that by moving out you would get her a nice house in a nice area you need to know that it won't happen. Some councils check with the landlord to find out if the tenant has a tenancy agreement so don't bother trying to change it they find out. If the council wants to check the tenancy they might contact the landlord at which point they will find out that you have moved out and allowed your ex girlfriend to stay in the house with no tenancy.

Paul_Jones_1984

Cakeguts wrote: »

You just don't listen do you? I really hope this is a wind up because if it isn't you have got a problem.

The council will NOT allow her to claim LHA for a property where she is not a tenant. They are not stupid they don't allow people to claim LHA for houses that they have no right to live in or lots of people would claim if for all sorts of places. I know that this is the case because one of our tenants who was not on the tenancy agreement tried to do it and the council wouldn't. One of the things you need to get LHA is a valid tenancy agreement. Your ex girlfriend can't produce one of these because she hasn't got one so there is no chance of her getting LHA so if you were hoping that by moving out you would get her a nice house in a nice area you need to know that it won't happen. Some councils check with the landlord to find out if the tenant has a tenancy agreement so don't bother trying to change it they find out. If the council wants to check the tenancy they might contact the landlord at which point they will find out that you have moved out and allowed your ex girlfriend to stay in the house with no tenancy.

I know that ex GF cannot claim LHA unless the landlord / letting agency agrees for her to be named on the tenancy agreement. If the landlord did agree, then presumably it would be possible.
But what I'm hoping is that by talking and agreeing to go to the council offices together, it is a step towards making the situation between me and ex GF more amicable.
Presuming that the landlord will NOT agree to change the name on the tenancy agreement, then at least by going to the council offices we can also discuss ex GF next options with the homelessness department there, because she appears to be at risk of homelessness.

I've realized that I am in a weak position regarding my furniture and the CCJ. So I need to get ex girlfriend out of the house.

Mr.Generous

All the utility companies will come after you for money. Gas, electricity, water, possibly broadband / sky tv? And if no sky/virgin broadband how long before its connected under your details?

Were you claiming single occupant council tax reduction or did you inform them she was living with you?

Does your tenancy agreement (TA) allow lock changes without landlord consent and providing landlord with copy of keys?

Does your TA allow any other person or adult to live at the address?

Does your TA have any max occupancy for the property?

When she moves in a friend / cousin / or whatever she calls them (ie new BF) will you still have your head in the sand and continue to avoid the confrontation as its easier to pay up indefinitely?

The longer you leave this the worse it will get. Nothing will go away or sort its self out.